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FCC Tells Court it has no "Legal Authority" to Impose Net Neutrality Rules:
FCC defends repeal in court, claims broadband isn't "telecommunications."
The Federal Communications Commission opened its defense of its net neutrality repeal yesterday, telling a court that it has no authority to keep the net neutrality rules in place.
Chairman Ajit Pai's FCC argued that broadband is not a "telecommunications service" as defined in federal law, and therefore it must be classified as an information service instead. As an information service, broadband cannot be subject to common carrier regulations such as net neutrality rules, Pai's FCC said. The FCC is only allowed to impose common carrier regulations on telecommunications services.
"Given these classification decisions, the Commission determined that the Communications Act does not endow it with legal authority to retain the former conduct rules," the FCC said in a summary of its defense [pdf] filed yesterday in the US Court of Appeals for the District of Columbia Circuit.
The FCC is defending the net neutrality repeal against a lawsuit filed by more than 20 state attorneys general, consumer advocacy groups, and tech companies. The FCC's opponents in the case will file reply briefs next month, and oral arguments are scheduled for February.
Then why not let the states implement it?
(Score: 5, Insightful) by Anonymous Coward on Sunday October 14 2018, @12:04PM (5 children)
So that means DMCA doesn't protect ANY of them from the actions of their customers i assume? And they are personally liable for ALL content on their networks, not just IP violations?
(Score: 2, Insightful) by Anonymous Coward on Sunday October 14 2018, @12:32PM
If you want to take this to it's logical conclusion (based on the FCC's position), then you are correct. Break out the petards 'cuz its time for some hangin's.
(Score: 3, Interesting) by trv on Sunday October 14 2018, @02:29PM (2 children)
Which will give the ISPs the right to censor all content they deem as putting them in danger. And for them to know what your content is then they will have to spy on your traffic.
Hence, the reason why VPN traffic is going up, and the reason to purchase a good VPN where your info is protected, and log files that are not kept for long. Meaning, you want to make money, create a personal VPN that goes through endpoints not controlled by a corporate entity.
(Score: 4, Informative) by The Mighty Buzzard on Sunday October 14 2018, @03:36PM (1 child)
How about a VPN that doesn't keep logs at all [privateinternetaccess.com]? There aren't many products or services I recommend to people unless specifically asked but PIA's VPN is absolutely one of the few I will.
My rights don't end where your fear begins.
(Score: 0) by Anonymous Coward on Sunday October 14 2018, @03:43PM
That only works if the end point isn't filtered.. They may not know who you are, but they can still block data on that side of the pipe.
(Score: 2) by Whoever on Sunday October 14 2018, @03:47PM
The DMCA does not require ISPs to be common carriers in order for them to be protected by it.